(DOWNLOAD) "State v. Hrycak" by Supreme Court of New Jersey # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Hrycak
- Author : Supreme Court of New Jersey
- Release Date : January 20, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Argued May 3, 2005 This case involves the maximum jail sentence that may be imposed on a third-time offender under the Driving While Intoxicated (DWI) statute, N.J.S.A. 39:4-50, when one of the prior convictions was uncounseled. The Municipal Court sentenced defendant as a third-time offender and imposed a ninety-day county jail sentence with ninety days of community service. The Superior Court, Law Division imposed the same sentence and the Appellate Division affirmed in an unpublished opinion. We held in State v. Laurick, 120 N.J. 1, 16 (1990), cert. denied, 498 U.S. 967, 111 S.Ct. 429, 112 L.Ed. 2d 413 (1990), the maximum jail sentence that could be imposed on a third-time offender of the DWI statute with one prior uncounseled conviction was the maximum jail sentence that could be imposed for a second-time offender, i.e. ninety days, but that the enhanced administrative penalties and fines for a third-time offender should be imposed. Subsequent to our decision in Laurick, the United States Supreme Court held that an uncounseled prior conviction ""may be relied upon to enhance the sentence for a subsequent offense, even though that sentence entails imprisonment."" Nichols v. United States, 511 U.S. 738, 746-47, 114 S.Ct. 1921, 1927, 128 L.Ed. 2d 745, 754 (1994).
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